AIR 1965 SUPREME COURT 712 ::1963 ALL. L. J. 882 ::1964 MadLJ(Cri) 229 ::1963 BLJR 884 ::1963 BLJR 864 ::(1964) 3 SCR 992 ::(1964) 1 SCJ 411 ::(1963) 2 SCWR 224 ::1963 2 SCD 847 ::ILR (1963) 2 All 945

Supreme Court Of India

(From : Allahabad)*10th May,1963

Hon'ble Judge(s): B. P. Sinha, J. C. Shah, N. Rajagopala Ayyangar , JJJ

(A) Constitution of India , Art.136— Criminal appeal - Review of evidence - Practice of Supreme Court. Normally, Supreme Court does not proceed to review the evidence in appeals in criminal cases, unless the trial is vitiated by some illegality or irregularity of procedure or the trial is held in a manner violative of the rules of natural justice resulting in an unfair trial or unless the judgment under appeal has resulted in gross miscarriage of justice.(Para 4) (B) Evidence Act (1 of 1872) , S.9— Identification - Identification by voice and gait - Reliability. It is true that the evidence about identification of a person by the timbre of his voicedepending upon subtle variations in the overtones when the person recognising is not familiar with the person recognised may be somewhat risky in a criminal trial. But where the accused is intimately known to the witness and for more than a fortnight before the date of the offence he had met the accused on several occasions in connection with the dispute, it cannot be said that identification of the assailant by the witness from what he heard and observed was so improbable that the Supreme Court would be justified in disagreeing with the opinion of the Court which saw the witness and formed its opi....